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Plan Commission Minutes 1989 02-15-89 MINUTES OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD AT THE KENDALL COUNTY BOARD ROOM FEBRUARY 15, 1989 7:00 P.M. After conducting the two scheduled Public Hearings, Chairman Feltz called the February meeting of the Plan Commission to order. The following members were in attendance: Harold Feltz George Stewart Clarence Holdiman Don Ament Mary Kay Price Rick Doetschman Larry Bretthauer Absent were: Lawrence Langland, Kevin Collman, Dave Greiter, Don Schoenfielder, Dan Laube. Also present were Mayor Davidson, Fran Klaas, James Clarage, Attorneys Tom Grant and Tom Cross, and citizens present for the Public Hearings as listed on the sign-in sheet on file with the minutes. The minutes were presented and approved for the January meeting. The motion was made by Don Ament and the second by Mary Kay Price. Chairman Feltz announced that the first discussion would be a continuation of the petition for rezoning of apartments over business at 101 S. Bridge St. (PC89-5) It had been agreed at-the last meeting to do so in view of the discrepancies . surrounding the ordinance governing the zoning of such units and a clarification of the same. PC89-5 -- REZONING B-2 TO B-2 SPECIAL USE RE: APARTMENTS OVER BUSINESS BY SANCHEZ 101 S. BRIDGE ST. Chairman Feltz stated that it was his understanding that such use was permitted and that the ordinance had been modified accordingly. Attorney Cross stated that all relative facts had already been presented and that he had nothing new to add. It was agreed that the minutes from the January meeting covered the proposal fairly well and could be used as reference. Mayor Davidson stated that the Council re-enacted the "special use" permit. It was the general feeling that each case involving this type of use should be reviewed separately. It was clarified that tonight's voting would be for this case only -- not blanket type approval. Fran Klaas stated that the ordinance in 1978 prohibited apartments over business; that ordinance was rescinded and it therefore reverted back to "special use" . Chairman Feltz asked for thoughts & recommendations from the Commission. Jim Clarage commented that the proposal was allowed by the ordinance and it had been previously stated that all points of compliance regarding parking, fire protection, etc, were to be met. Mr. Feltz recommended that a decision be made tonight, whether favorable or not. PLAN COMMISSION MINUTES 02-15-89 PAGE 2 The motion to recommend approval of the rezoning from B-2 to B-2 Special Use for apartments over business at 101 S. Bridge St. was made by Don Ament. Mary Kay Price seconded. Roll call vote carried as follows: Feltz - yes Stewart - yes Holdiman - yes Ament - yes Price - yes Doetschman - yes Bretthauer - no PC89-6 -- PETITION TO REZONE B-1 TO R-3 -- UNIT 9 - CONOVER's COUNTRYSIDE SUBDIVISION & HILLCREST AVE. Attorney Tom Grant stated that the comments relative to the petition made during the public hearing should be included as a part of the regular meeting and that there was nothing further to be added at this time. Jim Clarage gave his opinion that the proposal was consistent with the land use in adjacent areas looking at it from a planning standpoint. Chairman Feltz commented that the proposal had been looked at a number of times; the present plan appears to be a better choice and is more consistent with the surrounding area. Mayor Davidson questioned the progress with the telephone cable. Attorney Grant did not have a definite answer yet. Chairman Feltz asked for any additional discussion on the petition. The motion to recommend approval of the rezoning from B-1 to R-3 of Unit 9 in Conover's Countryside Subdivision & Hillcrest Ave. was made by Rick Doetschman; the second was made by Don Ament. Roll call vote carried as follows: Stewart - yes Holdiman - yes Ament - yes Price - yes Doetschman - yes Bretthauer - yes Feltz - yes For clarification of minutes -- the motion to recommend rezoning refers specifically to: Lot #111 to be rezoned R-3; Lots 1 through 8 and 12 through 18 all to be residential; Lots 9 and 10 to remain B-1. PC89-7 -- PETITION TO ANNEX & REZONE TO B-3 BY TED SHICK / CLARENCE HOLDIMAN -- RT. 47, north of Rt. 34 At this time Clarence Holdiman excused himself from the Plan Commission -- reason being that he is a party to the petition. Attorney Tom Grant requested that the statements from the Public Hearing be considered conclusive to this petition. Jim Clarage stated that there were some planning questions. He advised that the legal description be attached either to the exhibit or to the plat -- suggestion - "plat of annexation exhibit w/legal" . This could follow through from Plan Commission stage to final approval. Attorney Grant stated that he would give the Chairman a copy of the notice of proposed annexation (of which the City does have a copy) . Mr. Clarage further questioned the inclusion of access routes, etc. This will be on the final plat, according to Attorney Grant. PLAN COMMISSION MINUTES 02-15-89, PAGE 3 It was added that this would be brought back before the Commission for approval of preliminary & final plat. Mr. Clarage added that consideration should be`.-given for access to lot #2. Attorney Grant said that access would be from the common parking area. It is not landlocked as such because it butts up against a public highway; it is landlocked by agreement of the owner. Mayor Davidson stated that the discussion with IDOT two years ago basically laid the requirements for the entrance. A turn lane would be necessary; a four-lane is preferred. There will be no additional cuts unto the highway from this in- tersection north to Kennedy M Chairman Feltz inquired about the land above and whether any use""would. be' shown on the final plat. Attorney Grant said that it was too uncertain how the road cut to the north would configure out; nothing relative to land above would be shown on the final plat for this project. Larry Bretthauer asked :.if the boundaries for Jiffy Lube and Burger King lined up with this property on the east; Mayor Davidson said that it did not. The roads for the. two properties would not connect. Attorney Grant stated that no cross traffic would be permitted through the shopping center. There would be only one entrance to the proposed development; no traffic from any other business would enter this property. It was also mentioned that there would be "no access" strips along the west edges of lots one & two and probably along the north edge of lot one. The minimum setback of 50' for sewer & water would be provided. George Stewart made the motion to recommend the approval of the annexation and rezoning to B-3, Rt. 47, north of Rt. 34 (PC89-7) . The second was made by Rick Doetschman. Roll call vote carried as follows: Ament - yes Price - yes Doetschman - yes Bretthauer - yes Feltz - yes Stewart - yes PC89-8 -- WOODWORTH ESTATES - PHASE 3 REVISIONS Attorney Grant stated that there had been previous discussion on this de- velopment; the property has been annexed and is now the subject of a pre-annexation agreement. The City Council approved the preliminary plat and Phase 1 & Phase 2; it was reflected in the agreement that Phase 3 was a concept sketch only. Phase 1 is now at final engineering stage. Tonight's presentation for Phase 3 does involve some minor modification to Phase 2. The main change is the longer version of Bruell St. There were no changes to Phase 2; it was just made smaller. Also, in one section of lots (#102,3,4,5,6,7) , one lot would be removed to allow for slightly larger lot size. Mayor Davidson stated that city would need an easement for an intercepter to the sewer line to be put in at some future date. Mr. Woodworth was in agree- ment. Mr. Doetschman questioned if any portion of the property was on a flood plane; it was confirmed that this was included on the map. It was summarized that tonight's request was for revised layout approval; PLAN COMMISSION MINUTES 02-15-89 PAGE 4 Mr. Clarage stated that in his opinion this would be acceptable as the preliminary plat; such things as topography, flood plane area, etc. , were detailed and it appeared that the project had been fairly well engineered. Attorney Grant said that any further information required by the City Council would be provided. With no further discussion evident, Chairman Feltz asked for`a -recommendation. The motion to recommend approval of the revisions to Phase 3, Woodworth Estates, and also approve it as a preliminary plat was made by Don Ament. The second was made by Mary Kay Price. Roll call vote carried as follows: Price - yes Doetschman - yes Bretthauer - yes Feltz - yes Stewart - yes Holdiman - yes Ament - yes Attorney Grant added that there had been some discussion between Mr. Woodworth, the Mayor and himself regarding the proposed development. For financial reasons the phases may be broken down additionally and be developed as such. Chairman Feltz asked for discussion on the zoning checklist. Mayor Davidson stated that on the advice of the City Attorney, items #5, 10, 15, 17, & 19 should be deleted. He reminded the Commission of the importance of this type of checklist. Items should be added and deleted until a suitable list is composed. Chairman Feltz would like to see the inclusion of questions relative to adjacent property, traffic flow patterns, future development potential, submission of proper documents on time. Perhaps a list could be developed and then made available to petitioners so that they would be aware of what exactly the Commission expected. Mayor Davidson suggested the addition of guidelines specifically for property adjacent to state highways that was being considered for annexation He stated that IDOT recommended a minimum easement of 50' from the center line dedicated to the state for widening the highway or other use. This is comparable to what has been done with County properties that fall within the 1-1/2 mile jursdiction of the city limits -- 66' easement or at least half of it (33' from center line) . Chairman Feltz suggested that the checklist be updated by Fran Klaas with assistance from Luanne since all materials would be easily accessible at the city office. Mr. Klaas agreed. Mayor Davidson informed the Commission that the County Board intended to put a policy into effect whereby they would not hear any petition until they had both the Plan Commission and the City Council minutes to review. The Mayor complimented the secretary on the preparation of the minutes with regard to interpretation and clarity. The Mayor offered the following points for consideration: 1 . Mr. Hammond -- the gravel pit will be a reality. It will be advantageous to have it within the city to maintain control, or at least regulate. Part of negotiations would include discussion on storm water. 2. Development -- interest in the Yorkville area has been shown by developers from Naperville; this would be business not residential. PLAN COMMISSION MINUTES 02-1'5--89 PAGE 5 3. :White Oaks-- could start breaking ground this spring for roads and for putting in sewers. 4 Growth -- average home building will most .likely be comparable to the past year. Property development east of Rt. 47 & north of Rt. 34 will be white collar type business (office, food, etc. ) Requests for B-4 zoning will become more evident. The proposed service station was cited as an example. 5. Improvements -- Yorkville Body Shop has improved the conditions of appear- ance greatly. A zoning change will more than likely be necessary. Sewer & water will be put in. The Mayor stressed that we should be concerned with existing business as well as catering to new developments. George Stewart questioned the problems with the zoning for the Radiator Shop in the downtown area. It was stated that what had been promised and agreed upon was not upheld. In the future it may become necessary to maintain stricter control over such properties. A brief discussion on projected development to the west of the city limits along Rt. 34 preceded the adjournment of the February Plan Commission meeting. Motion to adjourn was made by George Stewart and seconded by Don Ament; meeting adjourned at approximately 8:30 P.M. Joanne M. Ellertson Recording Secretary MINUTES OF THE PUBLIC HEARING OF THE PLAN COMMISSION OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD AT THE KENDALL COUNTY BOARD ROOM FEBRUARY 15, 1989 7:00 P.M. Chairman Harold Feltz opened the Public Hearing with the swearing in of those in attendance wishing to speak during the hearing. Plan Commission members present are recorded in the minutes; citizens in attendance are listed on the sign-in sheet filed with the minutes. PETITION TO REZONE B-1 TO R-3 -- UNIT 9 -- CONOVER'S COUNTRYSIDE SUBDIVISION & HILLCREST AVENUE Attorney Tom Grant introduced the petition. He referenced the fact that this project has been in planning stages for over a year and a half; it is intended that tonight's presentation should clear up some topics that had been discussed previously. Some of the concerns were in regard to the road leading to Mr. Grant's building. The problems involving road configuration have been re- solved. Tonight's presentation is mainly the rezoning. Changes in zoning are summarized as follows: 1. Lot #111 (part of Unit 10) would be re-classified as residential. Everything along Leisure St. would now be residential. 2. Lots 1 through 8 would be residential. (R-3) 3. Lots 12, 13, 14, 15, 16, 17, 18 would be residential. (R-3) 4. Lots 9 & 10 would retain the B-1 classification. Mayor Davidson stated that the City Council was agreeable to any variance in lot sizes. Consideration was given to the intersection safety; agreements were made between Mr. Conover and the City Council to make the proposal workable. Hearing no commentsfrom the Commission members or from others in attendance, Chairman Feltz closed the discussion on this petition. PETITION TO ANNEX_& ZONE TO B-3 BY TED SCHICK / CLARENCE HOLDIMAN -- RT. 47, NORTH OF RT. 34 Attorney Tom Grant introduced the petition. It was stated that the project had been presented numerous times; the Plan Commission had consistently re- commended that the property be annexed and zoned with a B-3 classification. Differences between the old and new maps were discussed. Previously, a 66' strip of land was held back at the south end of the property -- with the intent to provide another access to Rt. 47 for property to the east also owned by Mr. Holdiman. This was not looked favorably upon by the City Council. In order to comply with the direction of the Council, it was necessary to reconfigure property lines in order to maintain the same acreage as sold. ` PUBLIC HEARING FEBRUARY 15, 1989 PAGE 2 Now additional land along the edges of the property needs to be annexed and zoned. The proposal for the use of the property has not changed. The two lots along the highway will be sold; the other is for the proposed grocery store. - It was noted that the road configuration had not changed. Attorney Grant stated that at the request of the city, Mr. Holdiman agreed to provide easement for sewer and water in advance of the annexation of his property. The concern is that the sewer was put in within the road right-of-way boundaries. It would be agreeable with the petitioner as long as the sewer dead ended north of the proposed street. Plan Commission member Rick Doetschman asked if the road coming across from Countryside Parkway conformed to possible future needs; for lights, etc. Mayor Davidson stated that IDOT had been consulted. Ideally, the city would like to see an island put in, but that .was not going to come about. The south boundary line of the property was in direct alignment with the road; it will be possible to properly light & maintain the roadway and intersection. Chairman Feltz questioned the 33' strip not included in the annexation proposal petition. It was stated that this portion at the east end of the property was a safeguard to protect the entrance to property not yet sold. The Mayor clarified that the city council had agreed to give Mr. Holdiman the assurance that should the property be sold prior to the road extension and there was no other easement to the property that he could use that 33' for a road. This situation would probably never become a reality. Hearing no further comments from the members of the Plan Commission or from others in attendance, Chairman Feltz closed discussion on this petition. Affidavits showing that adjacent land owners had been notified of the two Public Hearings were presented to the secretary to be filed with the minutes of the meeting. Joanne M. Ellertson Recording Secretary PUBLIC HEARING -- REGISTRATION SHEET IF YOU ARE HERE TO SPEAK AT THE PUBLIC HEARING OR ARE IN ATTENDANCE AS AN OBSERVER, PLEASE INDICATE YOUR NAME & ADDRESS BELOW: NAME ADDRESS Q (3 LA G C-7 1 -5 -l'q -'y